Old Natwest Acc..

[fraggle77]

Hi, I don't know if anyone can help...

I got a letter back in October 2011 relating to an old account (opened in Scotland) that was defaulted on in 2005. I received a letter in 2011 stating it had been sold to Lowell in 2010.

I have never acknowledged the debt, and in actual fact in Oct 2011 I asked them to prove it was mine in form of a signature as I had no recollection of such account. They sent me a statement of the account and the last entry on 22/04/2008 seems to be when it was sent to some recovery financial department....

I called them again and stated that by sending a bank statement does not prove the account was mine and I had asked for a proof of signature as this would have been needed for the opening of such account in 2002. They couldn't and therefore I stated that I cannot believe that under the data protection act some DCA is sending someones bank details out. The woman on the phone apologised said she would remove the details & I heard nothing else.

Stupidly I didn't (or I cant recall) that I followed this up with a letter let alone a statue barred etc.

Obviously I don't want to call them as they will open up the case.... what do I do & what can they do next?

Anyway today (March 2014) I received an email (had my correct name on) from Lowells:

from:

Do Not Reply donotreply@lowellgroup.co.uk

Dear Miss XXX,
We hold this e-mail address on your file and would like to use it to communicate with you - we work closely with our customers to ensure that they are given the support that they need to find the right solution for them and we would like to speak with you today.
Please contact us on 0113 308 6085 to see how we can help you or if you would prefer that we didn't e-mail you at this address - please quote 96481541 when calling.
Yours sincerely,
James Crabtree
Customer Services Manager
Lowell Financial Ltd

[Amethyst]

Re: Old Natwest Acc..

Hi fraggle xxx Welcome, and thank you for the pm, am just having a read xx

[fraggle77]

Re: Old Natwest Acc..

Thanks V annoyed

[Amethyst]

Re: Old Natwest Acc..

Okay. Don't reply to the email and I would send them a sod off it's statute barred letter by post.

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to s.40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[fraggle77]

Re: Old Natwest Acc..

is it six years as this account was from Glasgow, or is it that they are contacting me in who's in England.....

Should I wait to see if they write to me or is the fact an email was sent enough for me to write back I only noticed it was this stupid thing from 2011 from their reference number.

God I have DCA's

[Amethyst]

Re: Old Natwest Acc..

5 years in Scotland yes. I really don't know how that works if the debt was taken out with a firm in England while you're in Scotland, then move to England.

As it is just a fishing email then I'd be tempted to ignore it if you aren't 100% that it is stat barred. They may be going off the 22/04/08 date for last acknowledgement in which case if they did get your address you might end up with court papers, so if they don't have your address and this is just fishing then just file it away.

[fraggle77]

Re: Old Natwest Acc..

This is what I am confused about, the natwest in scotland thing... they did have my address, which is why I got sent debt letters in 2011, I asked for a signed copy of when the bank account was opened & they sent a bank statement.

I then called back & said this still doesn't prove that it's mine> I spouted the data protection act & said I cant believe you're giving out details for someone else & she poo'd her self & said oh oh I am sorry I will get it removed...... I asked what address this was under & said I never lived there either...

Not heard anything since this email....... I would presume that it is 5yrs since it was a scottish branch... hmmmm